Production AgenciesLicensing
Section § 1631
This law states that unless you're specifically exempt, you must have a license from the commissioner to sell, negotiate, or manage insurance contracts in California. Just having a certificate of authority from an insurer doesn't mean you can skip getting the proper license.
Section § 1631.5
This law section clarifies that the rules or changes in this article don't alter or interfere with how the Healthy Families Program or the Access for Infants and Mothers Program are currently run.
Section § 1632
If someone is eligible for a license, they can be allowed to take on different roles as outlined in this chapter, unless something in this article says otherwise.
Section § 1633
If someone sells insurance without the proper license, they are committing a misdemeanor. This can lead to a fine of up to $50,000, up to a year in county jail, or both.
Section § 1633.5
This section states that the rules in this chapter are the only rules that apply to how licensed insurance professionals should conduct their business in California. Local regulations or ordinances cannot override these state rules.
Section § 1634
This law says you don't need a license in certain insurance-related roles. You can work without a license if you're a salaried employee at a title insurance company. You also don't need a license if you're a salaried agent of a mortgage insurer, as long as you're not paid commissions.
You can operate without a license as a representative in some insurance businesses like life and disability insurance analysis, a surplus line broker, or in bail services. Employees of home protection companies and creditors helping with certain group insurance plans also don't need a license if they aren't paid commissions.
Section § 1635
This section outlines various roles and activities in the insurance industry in California that do not require a license, provided no commission is paid. These include services like title examination, certain types of employment that don't involve negotiating insurance contracts, and specific roles within insurance companies such as salaried employees who handle technical advice or claims but aren't involved in selling insurance directly. It also covers employees whose work is purely administrative or indirect in supporting insurance services, as well as those involved with fraternal benefit societies under certain conditions. Additionally, the section details circumstances under which employees or officers of an insurer can engage in limited negotiation or completion of certain insurance documents without requiring a license.
Section § 1637
This law outlines the specific types of insurance licenses an organization can hold in California. It specifies that these licenses allow organizations to work in areas such as being a life agent, accident and health agent, property broker-agent, or a casualty broker-agent. Additional roles include cargo shipper's agent, personal lines licensee, credit insurance agent, car rental agent, nonresident limited lines licensee, self-service storage agent, and limited lines automobile insurance agent. Each role involves specific functions related to those insurance types.
Section § 1638
This law explains who qualifies for a nonresident license. A nonresident license is given to people who don't live in California. You are considered a resident if you live in a home here and intend to make it your permanent place (domicile), or if your main business is located in the state. Someone with a license like this can only pick one state to call their residence for licensing purposes.
Section § 1638.5
If you're a nonresident who wants a production agency license in California, you'll get one as long as you meet certain conditions and haven't been denied a license for specific reasons. First, you need to already have a valid license and good standing where you currently live and practice, whether that’s in another U.S. state, territory, or in Canada.
Second, you have to apply for the California license and pay the required fee. Third, you need to send your original license application from your home jurisdiction, or a standardized form from the National Association of Insurance Commissioners (NAIC), to California's Insurance Commissioner.
Lastly, the place where you hold your current license needs to reciprocate by offering similar licenses to California residents.
Section § 1639
California allows nonresidents to obtain certain insurance-related licenses, provided they are already licensed in their home region. This includes licenses for property and casualty broker-agents, personal lines broker-agents, life and health insurance agents, variable life and annuity contracts, surplus and special lines, credit insurance, car rental, cargo shipping, limited lines, and self-service storage. Essentially, nonresidents can qualify for these licenses if they are certified in their resident state, territory, or Canadian province.
Section § 1639.1
This law outlines the rules for nonresident insurance producers who work in California. If you are licensed as a nonresident insurance producer, your authority to sell insurance in California depends on your home state's license. You might need to show a certificate from your home state's insurance authority to prove your status. If you move to a new state, you must update your address and provide a new state certification within 30 days, but you don't have to pay a fee or reapply for your license. Also, your authority in California can't be more than what you're licensed to do in your home state or province.
Section § 1640
If you're licensed to work as an insurance solicitor, you can't be an insurance agent or broker at the same time. Similarly, if you're licensed as either an insurance agent or broker, you can't work as an insurance solicitor at the same time.
Section § 1642
This law says that insurance companies or certain types of insurance cooperatives aren't allowed to get a license under this chapter. However, a company that provides sales services can be licensed, even if an insurance company owns a significant part of it. Also, insurance companies can still license their employees to handle insurance contracts.
Section § 1644
This law states that individuals under 18 years old cannot apply for specific types of licenses mentioned across various chapters and divisions in the legal code.
Section § 1646
This law states that an organization can't get a license if its founding documents explicitly say it can't do the job the license is for.
Section § 1647.5
This section of the law requires limited liability companies (LLCs) involved in insurance agency and brokerage to secure coverage for claims related to their business practices. When they get licensed and throughout the time they’re active, these companies must have insurance or other financial securities like trusts or escrows to cover potential claims. The insurance has to be at least $100,000 per claim for each licensee, with a minimum of $500,000 total, and it can go up to $5 million yearly. LLCs can choose between insurance policies or depositing other financial securities to meet these requirements.
Without proof of coverage, the insurance licenses can be suspended by the commissioner. If a license is inactivated, the company must quickly demonstrate compliance with security requirements to reactivate it. Filing false compliance records leads to penalties, including possibly losing the license. The commissioner can publicize non-compliance on a state website and reports to other bodies like NAIC. They might also create more detailed regulations to enforce these rules.
Section § 1649.5
This law allows insurance companies to own separate businesses that are licensed to act as property broker-agents, casualty broker-agents, or life agents. When these broker-agents handle insurance for the company that owns them, they are considered to be working as insurance agents.
Section § 1650
This law section specifies what details must be included on every insurance license issued. The license needs to list the licensee's name, the capacity in which the license is held, and any conditions attached to the license. It must also show when the license starts and ends. If the license is for an organization, it should attach a list of qualified individuals, as per Section 1628.
Section § 1651
The law states that the insurance commissioner always owns the physical document of any license issued under specific chapters. They can ask for the document back if there's a valid reason.